APRIL 25, 2014

NR # 3447

Solons want LGUs to allot 5% of their IRA to help children with special health care needs Buhay party-list lawmakers are seeking to require the local government units (LGUs) to appropriate five percent of their Internal Revenue llotment (IR ) for me!ical assistance to chil!ren in their territorial "uris!ictions who have special health care nee!s# $he proposal em%o!ie! in &ouse Bill '()( has strong constitutional an! legal anchor accor!ing to its authors Reps# *ariano *ichael +elar!e, -r#, -ose tien.a, -r# an! Irwin $ieng# /$o %reathe life to these constitutional an! legal precepts, a law is necessary to %e passe! %y 0ongress that woul! guarantee an! ensure, in concrete terms, the propose! measure1s full reali.ation an! implementation,2 sai! +elar!e, a vice chairman of the &ouse committees on information an! communications technology, an! on science an! technology# +elar!e sai! earmarking part of the IR for me!ical assistance to chil!ren with special nee!s is supporte! %y 3ection ' of rticle 4+ of the 567( 0onstitution which provi!es /$he right of chil!ren to assistance, inclu!ing proper care an! nutrition, an! special protection from all forms of neglect, a%use, cruelty, e8ploitation an! other con!itions pre"u!icial to their !evelopment#2 tien.a sai! legally, the proposal is %acke! %y 9resi!ential :ecree ;o# <=' issue! on :ecem%er 5=, 56(>, otherwise known as the /0hil! an! ?outh @elfare 0o!e,2 which provi!es in rticle ' that / ll chil!ren shall %e entitle! to the rights herein set forth without !istinction as to legitimacy or illegitimacy, se8, social status, religion, political antece!ents an! other factors#2 *oreover, tien.a sai! rticle ' provi!es that /Avery chil! has the right to a %alance! !iet, a!equate clothing, sufficient shelter, proper me!ical attention, an! all the %asic physical requirements of a healthy an! vigorous life#2 $ieng, chairman of the committee on glo%ali.ation an! @$B, sai! the same rticle ' of 9#:# <=' provi!es that every chil! has the right to live in a community an! a society that can offer him an environment free from pernicious influences an! con!ucive to the promotion of his health an! the cultivation of his !esira%le traits an! attri%utes# rticle further provi!es, $ieng sai!, that /Avery chil! has the right to the care, assistance, an! protection of the 3tate, particularly when his parents or guar!ians fail or are una%le to provi!e him with his fun!amental nee!s for growth, !evelopment, an! improvement#2

&ouse Bill '()( provi!es that chil!ren with special health care shall inclu!e, %ut not limite! to, those who suffer from me!ically !iagnose! ttention :eficit &yperactivity :isor!er ( :&: ::C :&:) autism, %lin!Cvision or !eafChearing impairment, cere%ral palsy, cognitive !isa%ilities, !ia%etes, !own syn!rome, epilepsy an! other illnesses which may %e i!entifie! an! classifie! %y the :epartment of &ealth (:B&) as falling within this classification# $he %ill refers to me!ical assistance as the following me!ical an! reme!ial care an! services that shall %e provi!e! %y the LGU for chil!ren with special health care nee!s as may %e !etermine! an! prescri%e! %y the :B&, in accor!ance with the stan!ar!s as may %e esta%lishe! pursuant to this propose! ct, inclu!ing payments ma!e for services provi!e! un!er an insurance or other contractual arrangement an! money pai! !irectly to the recipient for the purchase of me!ical careD Inpatient hospital services other than services in an institution for mental !iseasesE outpatient hospital servicesE other la%oratory an! 4-ray servicesE skille! nursing facility services, other than services in an institution for mental !iseasesE physicians1 services, whether furnishe! in the office, the patient1s home, a hospital, a skille! nursing facility or elsewhereE *e!ical care, or any other type of reme!ial care recogni.e! un!er the law, furnishe! %y license! practitioners within the scope of their practice as !efine! %y lawE home health care servicesE am%ulance servicesE clinic servicesE physical therapy an! relate! servicesE prescri%e! !rugs, inclu!ing those !ispense! an! a!ministere! as provi!e! un!er the lawE Bther !iagnostic, screening, preventive an! reha%ilitative servicesE any other me!ical care, an! any other type of reme!ial care recogni.e! un!er state lawE perio!ic screening an! !iagnosis to ascertain their physical or mental impairments, an! such health care, treatment an! other measures to correct or ameliorate impairments an! chronic con!itions !iscovere! there%yE an! hospice service# In terms of fun!ing, the %ill provi!es that each LGU shall appropriate in its annual %u!get an amount equivalent to at least five percent of its total IR share to %e use! solely an! e8clusively for the me!ical assistance man!ate! un!er the propose! ct to %e grante! to chil!ren with special health care nee!s resi!ing within its territorial "uris!iction# $he 3ecretary of the :epartment of Interior an! Local Government (:ILG) an! the :B& 3ecretary shall "ointly promulgate the necessary rules an! regulation for the effective implementation of the propose! ct, the %ill provi!es# ('=) rbb